Mindar @ Bindar And Another vs State Of U.P. And Another
2019 Latest Caselaw 5693 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- APPLICATION U/S 482 No. - 18576 of 2019
 

 
Applicant :- Mindar @ Bindar And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vidit Narayan Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Om Prakash-VII,J.

The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of complaint case no. 292 of 2018 (Smt. Kamlesh Vs. Mindar and others), under Sections 452, 323, 504, 506 IPC, Police Station Khoda, District - Ghaziabad arising out of summoning order dated 16.4.2019 pending in the court of Judicial Magistrate, Ghaziabad. Further prayer has been made to stay the further proceedings of the aforesaid case.

Heard learned counsel for the applicants and the learned AGA appearing for the State.

It is submitted by the learned counsel for the applicants that applicant no. 1 and opposite party no. 2 are real brother and sister. Opposite party no. 2 fradulently obtained sale deed from her mother. Allegations levelled in the complaint are false. No prima facie case is made out. At this stage learned counsel for the applicants referred to the contents of the complaint and the provision of Section 452 IPC and further argued that concerned Magistrate while passing the impugned order did not apply judicial mind. There is no sufficient evidence to proceed with the trial. Summoning order is illegal.

On the other hand, learned AGA has submitted that applicants have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity.

Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the applicants. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present application is refused.

With the above observations, the application stands disposed of.

Order Date :- 8.7.2019

Sachdeva